Restaurant workers get back pay
New Haven, Conn. (WTNH) – Finally it’s pay day.
Some former kitchen workers in New Haven are celebrating after getting a settlement worth up to $50,000 when they sued a restaurant for back wages and winning.
“They’re getting something back, ya know, for all the bad treatment, all the bad nights, bad words with the guys,” Neftali Palma said. “I’m sure they are very happy, very happy now.”
Palma and five others say when working in the kitchen at the Downtown at the Taft restaurant they were paid below minimum wage and not paid for overtime. The restaurant has since closed, but did settle with the workers. The workers got $50,000. In return they dropped their complaint with the Department of Labor.
“I think what we’re demonstrating is the day that employers can get away with this is over,” Palma said…
Wage Theft Shatters American Dream for Many Low-Income Immigrants
Eight years ago, “Mrs. Kim” came to the United States from China “to pursue her American Dream,” but thanks to unscrupulous business practices familiar to many Asian immigrants working in low-wage industries, things went horribly wrong.
Kim, who did not want to use her real name because she is still involved in litigation, began life in the U.S. preparing dumplings and side dishes at a Korean restaurant in Bergen County, New Jersey.
The job went well for a few years. It was hard, but Kim was getting paid for her efforts.
“When I first started working, [the owner] agreed to pay me $600 per week,” she said. “Specific hours were not indicated, but she did indicate I would have to work over 12 hours per day.”
Wage Theft at Mom and Pop Stores—and How to Fight It
Maria Garcia started working at Huaraches Dona Chio, a popular family-owned restaurant in Chicago, after befriending a relative of the family at classes at a community center on the city’s North Side.
She was the only person working there who was not part of the family. But the relationship soured, and now Garcia says the restaurant owes her more than $7,000 in unpaid overtime and back wages over three years because, among other things, she says she was not given a raise when the Illinois minimum wage increased from $7.75 to $8.25.
A co-owner of the restaurant, Sofia Calvente, told me that she has nothing personally against Garcia but thinks Garcia is lying and that the dispute erupted because of personal issues between the 34-year-old mother and other members of the Calvente family. Since, like many small businesses, the restaurant did not keep detailed records or pay stubs; the dispute basically comes down to one person’s word against another.
The workers’ rights group Arise Chicago often deals with …
PA Must Reads: Perfectly Legal Forms of Wage Theft and Build Baby Build!
When you tip your server at a restaurant, you probably assume that all of that money goes to the server. If you use a credit card to pay, you would be wrong.
It is very common for restaurant owners to use a portion of those tips to pay credit card processing fees.
The Philadelphia Daily News reports this morning that Philadelphia City Council has passed a law that stops restaurant owners from stealing from servers in this way.
- Phillip Lucas, Philadelphia Daily News – Restaurants now have to pay credit-card tip fees:
The cost of doing business in Philadelphia crept a little higher for restaurant owners yesterday, when City Council passed a law barring restaurateurs from using a portion of credit-card tips to pay for transaction fees.
Credit-card companies charge businesses a convenience fee ranging from 2 and 4 percent on all credit-card transactions….
Homecare Workers Sue Agency for Wage Theft
MFY Legal Services and Debevoise Plimpton LLP are representing employees of BNV Home Care Agency, Inc. and Academy Care Givers, Inc. in a class action lawsuit that charges that the agencies stole hundreds of thousands of dollars from them and systematically violated New York State Labor Laws.
Contractors Face 15 Years in Wage Theft
A New Jersey husband-and-wife contracting team has been indicted on charges of swindling employees out of nearly $200,000 in unpaid wages and benefits, then trying to paper over the alleged fraud.
Kenneth Deaver, 54, and Diane Deaver, 49, owners of Schenley Construction Inc. of Hewitt, NJ, each face up to 15 years in state prison on charges that they failed to pay at least 21 workers the required prevailing wages and benefits such as health insurance on three municipal sewer projects in New York between 2008 and 2010.
|Diane and Kenneth Deaver each face up to 15 years in prison on 53 criminal counts.|
The Deavers, of Warwick, NY, were arrested earlier this month on a sealed indictment handed up by a Rockland County (NY) Grand Jury. Bail was set at $75,000 cash or $150,000 bond.
iami Lakes Workers To File Wage Theft Claims
MIAMI LAKES (CBSMiami) – More than three dozen construction workers who claim they haven’t been paid in weeks will gather in Miami Lakes to demand their salaries.
The 35 workers were employed by a sub-contractor to build the Residences at Lakehouse. They say the sub-contractor was terminated from the job ten days and didn’t pay them. The workers went to the General Contractor, CB Constructors, but were only offered minimum wage, far less than what they were promised.
“CB Constructors let us go November 30 and I still haven’t received the $1400 that I was owed for three weeks work. This is not fair and it plays with people’s dignity,” said Raul Raudales….
Unpaid Tips and Wages in Restaurants: How Common Is It?
This past Saturday night, the waitstaff and general manager at Ruggles walked out and shut down the restaurant, alleging non-payment of tips over more than a year’s time. That came after news that Brasserie 19 is being sued by a former employeefor alleged non-payment of wages over a five-month period.
Earlier this year, local chain Taconmadre agreed to pay $275,706 in back wages to 72 of its current and former employees after a U.S. Department of Labor investigation revealed that employees regularly received less than minimum wage and were required to work overtime without compensation.
These issues affect restaurants from large to small, from upscale to dirt-cheap. Wage theft is a $30 billion a year problem, according to the Interfaith Worker Justice Center. Its Houston branch helped workers recover $18 billion in two years alone. And that doesn’t surprise attorney Todd Slobin, a partner with the law firm of Shellist Lazarz, LLP, who specializes in labor and employment law.
Faith group launches drive against wage theft
A statewide campaign against wage theft–when employers don’t give employees their promised pay–launched today with a conference at city hall.
Mayor David Coss, Attorney General Gary King and Santa Fe County Commissioner Kathy Holian all endorse the campaign, which calls for increased community awareness of the issue. The state legislature passed anti-wage theft legislation in 2009, but the Rev. Holly Beaumont, whose group Interfaith Worker Justice New Mexico is behind the cause, says the law can be easily bypassed.
“There’s no way to get around this problem unless workers are willing to file claims,” Beaumont tells SFR.
At least two such claims were filed against Santa Fe businesses this year. In February, Manuel Antonio Estévas Rodriguez organized his fellow employees at China Star, a Santa Fe restaurant, and filed a complaint to the National Labor Relations Board over lost wages. Estévas Rodriguez says the restaurant, which filed for bankruptcy in June and recently reopened as Fusion Fire Buffet and Grill, owes him $59,000 in lost payments over two and a half years of work.